Narrative:

We were cruising at 37000' and given a descent clearance to 33000'. Upon reaching 35300' were given a turn to 300 degree and maintain 37000'. We told the controller we were already at 35000'. We asked if there was a conflict and he said yes. Callback conversation with reporter revealed the following information. We were switched to ZNY frequency and in approximately 10 seconds after checking in at FL370 we understood we were cleared to FL330 to be out of FL350 in 2 mins. In one min and on half we were at FL350 and were given a turn to 300 degree and to maintain FL370. After controller acknowledging that there was a conflict the controller said nothing more. We did not know FAA was following up with a violation until we received written notice.

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Original NASA ASRS Text

Title: FLT CREW OF MLG AT FL370 UNDERSTOOD CLEARED FL330 DESCENDING AT FL350 WERE GIVEN A TURN TO 300 DEG AND TO MAINTAIN FL370.

Narrative: WE WERE CRUISING AT 37000' AND GIVEN A DSNT CLRNC TO 33000'. UPON REACHING 35300' WERE GIVEN A TURN TO 300 DEG AND MAINTAIN 37000'. WE TOLD THE CTLR WE WERE ALREADY AT 35000'. WE ASKED IF THERE WAS A CONFLICT AND HE SAID YES. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO. WE WERE SWITCHED TO ZNY FREQ AND IN APPROX 10 SECS AFTER CHKING IN AT FL370 WE UNDERSTOOD WE WERE CLRED TO FL330 TO BE OUT OF FL350 IN 2 MINS. IN ONE MIN AND ON HALF WE WERE AT FL350 AND WERE GIVEN A TURN TO 300 DEG AND TO MAINTAIN FL370. AFTER CTLR ACKNOWLEDGING THAT THERE WAS A CONFLICT THE CTLR SAID NOTHING MORE. WE DID NOT KNOW FAA WAS FOLLOWING UP WITH A VIOLATION UNTIL WE RECEIVED WRITTEN NOTICE.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.